P. v. Rojas
Filed 4/12/06 P. v. Rojas CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(San Joaquin)
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THE PEOPLE, Plaintiff and Respondent, v. DENNIS O. ROJAS, Defendant and Appellant. | C049071
(Super. Ct. No. SF091291A)
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THE PEOPLE, Plaintiff and Respondent, v. SALVADOR PAUL VIOLA, Defendant and Appellant. |
(Super. Ct. No. SF091291B)
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A jury convicted codefendants Dennis O. Rojas and Salvador Paul Viola of one count of assault with a firearm (Pen. Code, § 245, subd. (a)(2)‑‑count 1)[1] and one count of actively participating in a criminal street gang (§ 186.22, subd. (a)‑‑count 2 [stayed per § 654]). The jury also found true special allegations that each had personally used a firearm in the commission of the charged offense (§ 12022.5, subd. (a)) and that the assault was committed â€